From The Examiner.

should be used for no other purposes than those of a correct balance-sheet?

SENSE VS. LEGAL PEDANTRY. "LAWYERS," says Bentham, "delight in Mr. Justice Coleridge was the only judge plodding on in paths which reason has never dissenting from the confirmation of the controdden, or having trodden has forsaken." viction of Scott. He stood upon the rule One of the paths of the latter description which he called sacred against self-criminawas the rule against self-crimination. It tion. He contended for absolution upon was a most wise and politic maxim when confession. He argued that the examinathe object was to put an end to the extor- tion being for a special purpose, it could not tion of evidence by torture. To that horri- be available for any other purpose; that it ble practice the rule nemo tenetur se ipsum being for the end of getting an account of accusare was a complete bar; but having the estate, it could not be turned to the disanswered this excellent purpose its only covery and punishment of crimes. And why virtue was exhausted, and all that was not? The creditors are seeking what is an irrational obstacle to the ends of justice. theirs, and has not criminal justice as good a A recent act of Parliament has wisely right to what is hers? Are not her claims broken in upon the obsolete principle by superior to all other claims? Is justice to enacting that bankrupts may be examined be shut out in order that a better account touching all matters relating to their trade, for a dividend may be promoted? Is the thus compelling the disclosure of transac- detected malefactor to go free because, for tions of a criminal nature. In a case under the benefit of creditors, he has revealed his this statue a bankrupt, Benjamin Scott, guilty transactions? Should there, then, be had to answer interrogatories criminating a plea of benefit of creditors like the benefit himself, and his answers were used against of clergy of old? him for a criminal as well as for a civil But, quoth Mr. Justice Coleridge, "the purpose. The public will bear in mind exposure and punishment of fraud may be the alarm it felt some short time ago lest purchased too dearly." But how too dearly, those great malefactors, Paul, Strahan, and or in what too dearly? You find out a Bates, should escape punishment by an rogue and you punish him, what evil is that interpretation of the statue referred to to the community? O, but, rejoins Mr. withdrawing criminal acts disclosed under Justice Coleridge, you made him give evi it from penal cognizance. Common sense dence against himself. Well, what better then asked why offence should not be pun- evidence can be had against an offender than ished wherever and however it is brought to his own testimony? It is un-English, is the light, and whether justice was not to be pre-reply; it is un-lawyerlike, would be the ferred to the perfection of a mercantile ac

count.

truer objection. It is the interest of the lawyer to discountenance and discourage all Scott was tried before Mr. Justice Willes the short cuts to justice. The law, in which and convicted, and the conviction has been he shows his skill, and of which he makes appealed against, but affirmed by the major- his profit, is a chase; and the more roundity of the four judges upon grounds thor- about it is, and the more beset with impedioughly consistent with reason. Lord Camp-ments and obstacles, the better it serves his bell, in one of those luminous judgments for which he is so justly celebrated, observed, "Suppose the section 117 had begun with a preamble reciting the frauds of bankrupts, and the importance of having those frauds detected and punished, it would be difficult to say that the legislature intended no use to be made of the examination except for civil purposes."

Let us suppose, for example, that William Palmer's examination in Bankruptcy had given the clue to his crimes, as is quite within the range of possibilities, what would have been thought of a plea in his favor that the evidences of blood so brought to light

purposes as a craftsman. A sportsman has about the same sort of horror of knocking a fox on the head, or shooting a bird sitting, that the lawyer has of fastening on guilt by a direct and simple, instead of a circuitous process. Many of our lawyers and judges rise superior to this mere craftsmanship, and show themselves jurists; and most satisfactory it is to find that there were three such men on the Bench of appeal against one who mumbled over the sacred principle worshipped by Lord Eldron-this sacred principle being an obsolete, musty maxim, preferred by these admirers of everything antiquated to the substance, the very essence of justice.

THE SPLIT IN THE STATES.-IT IS TOLD ME I MUST DIE.

LITTELL'S LIVING AGE.-No. 651.-15 NOVEMBER, 1856.

From The Westminster Review. ALCHEMY AND ALCHEMISTS. 1. L'Alchimie et les Alchimistes, Essai critique et historique sur la Philosophie Hermétique. Seconde Edition. Par Louis Figuier. Paris. 1856.

2. Geschichte der Chemie.

a slim and graceful duodecimo; then a review article ;

Et quasi cursores vitaï lampada tradunt

M. Louis Figuier is unmistakably of the parasite order. No zoological eye can be mistaken in the determination of his species. Von Dr. HerIn the parasite we always detect certain ormann Kopp. 4 Theile. 1843-4. ganic modifications, or rather certain organic 3. Remarks upon Alchymists, and the supposed object of their pursuit; showing negations; and in his literary antitype a that the Philosopher's Stone is a mere practised eye at once detects the absence of symbol, signifying something which could those indicia of first-hand knowledge which not be expressed openly, without incurr- distinguish the real worker. Compilers may ing the danger of an Auto da Fé. By an deceive a public more ignorant than themOfficer of the United States Army. Car-selves, but all men accustomed to composilisle, Penna. 1855.

tion detect them. It is not requisite to have EVERY animal has its parasite, which, in- read any works on Alchemy, to feel quite stead of roaming in quest of food, snugly en- convinced that M. Figuier has read none, sconces itself in the tissues of its victim, and and that all his citations are borrowed. In there feeds in comfortable abundance, in saying this, and in metaphorically describotiose prosperity, earning its daily bread ing M. Figuier as a parasite, we mean no without sweat of brow, or pains of invention. sort of disrespect to him, as may be surmised If we examine closely, we shall find that this from the perhaps superfluous candor of our idle parasite is also the victim to some smaller own confession of ignorance and parasitic parasite, who, like Thackeray's poor Irish- procedure. M. Figuier is a good chemist, man, always found dependent on some Irish- and a very agreeable writer; and if he has man not quite so poor, lives at second-hand not devoted his years to the study of Alcheupon the juices of parasite primus. In lit-my in the works of Alchemists, he has proerature, a similar phenomenon presents it- duced a very popular and acceptable volume, self. Some laborious German, patient, made up from the works of those who have stolid, loving labor for its own sake, and studied. To the general public his essay never happier than when surrounded with will be far more entertaining and acceptable the debris of erudition, after years of For- than would be the mere translation of the schungen researches which have been works he has turned to such good use; and lighted and lightened by many pipes, and in commending his pleasant volume, we shall saddened by much dyspepsia, - produces a without scruple borrow from it, and from huge book, crammed with material, good, Hermann Kopp's invaluable “ History of bad, very bad, and indifferent. If the book Chemistry," all the material we require, have any vitality, we shall soon find that without fear of being charged with petty some nimble Frenchman, or some steadfastly larceny 66 convey, the wise it call." practical Englishman, has fastened himself Indeed, the subject of Alchemy might fitly upon it, sucking its juices, thriving on its furnish a longer and more elaborate essay abundant food, and growing there with no than we can venture to offer; since, both more onerous labor than is devoted to the as an element in the general history of huprocess of digestion. If the parasite pros- man culture, and as the early and laborious pers, it will not be long before some nimbler prelude to the construction of the marveland minuter Frenchman, or some English-lous science of Chemistry, it is a topic rich in man with still greater love of short-cuts to results, will be found living on this secondhand food, much to his own satisfaction. First comes a work in plethoric octavo; then DCLI. LIVING AGE. VOL. XV. 25

lessons, pregnant with interest. In general, men have very vague and false ideas of the Alchemists, and their struggles. To most of us the word alchemist calls up the image of

Let any one imagine a fashionable lady in Belgravia calling a levee of astonished tradesmen, to make a similar communication; how the amazed Cockneys would open their eyes!

In leaving this little book, let us recommend any one who entertains the common prejudice against the gloom of Scottish religiousness, and the revengeful spirit exhibited by the once oppressed Presbyterians when they came into power, to make himself acquainted with this brief sketch of real life before he lets loose his opinion. Let such a one observe how Baillie of Jerviswood, the son of a martyr, after ineffectual pleading for the victims of the rebellion of 1715, shut himself up on the occasion of their execution.

Coming back to Lady Grisell for a moment | told them she could not then do so, and while the young Lindsays are making perhaps never might be able to pay them at their fortunes, we find her going on upon all; of which she thought it just to give her way, clothed in strength and honor, the them warning, that they might choose very woman of the Proverbs; and indeed it whether they would continue to serve her. is impossible to look at her life without They all desired she would be in no pain, thinking of that beautiful picture, which, but take from them whatever she had occalet manners change as they will, never grows sion for; because they were sure, if ever she old. What was true of Grisell in her child- was able to pay them, she would; and if she hood, remains true of her till her last day. was not, she was very welcome; which was There is an honest and evident reality about the least they owed for such long punctual everything she has a share in; and it is payment as they had got from her." enough to know that she has undertaken a duty, to be perfectly confident of its accomplishment. The moral of her admirable life is this, what she has to do she will do, be it hard or easy, pleasant or painful: the pressure of the must is strong upon her; she makes no reasonings with necessity-never runs away from anything, and is not scrupulous in inquiring whether another person ought to do the work laid on her full and willing hands. We all of us know very well by experiment how many lay down their burden, and will not bear it- how many throw their own cares upon the shoulders of others—and how popular is that philosophy which teaches how to avoid doing, rather than how to do. How many a man, full of idle strength, big limbed and minded, stands" When the two lords suffered, he stirred looking on at life, philosophically waiting not out of his room, nor dressed himself for for something to be done for him! But some days; and sent the rest of his family intellectual superiority, after all, does not to assist and comfort the near relations of show itself in superiority to ordinary duties; those who had suffered;" and when nothing and the tools of life are ever for those who else could be done, procured at least the last will handle them, as well as for those who honorable rites of burial for the condemned Jacobite, the leader of his own political and personal enemies. Let such a critic also ponder Lady Murray's touching explanation of her father's gravity: "He stood the hardest trial of his courage and resolution at the age of nineteen, in seeing the execution of a most tender father, whom he dearly loved. I have often heard it was said by his mother and aunts, that it ever after gave that grave, silent, thoughtful turn to his temper, which before that time was not

can.

We cannot avoid one other extract, showing a virtue, not very common in these days, of quaint and downright honesty, perhaps remarkable enough even at that time. Lady Grisell, old and widowed, is in London with her family-her two daughters, widowed like herself, one by unhappy circumstances, and one by death; and her grandsons, the children of Lord Binning, and ancestors of the present noble family of Haddington - the year is "the 'Forty-five natural to him." Few men worthy of the Highlanders are in possession of Edinburgh, and all supplies from Scotland are cut off. "When the situation of things made it impossible to get any money from Scotland, and what she had was at an end, she sent for her butcher, baker, brewer, &c., whom she regularly paid every month

entering upon such an argument would, we believe, refuse to be moved by so valid and worthy a reason. Last of all, we humbly recommend this tiny volume to the perusal of Mr. Macaulay, who, thoroughly versed as he is in the reign of Queen Anne and all its productions, does not seem to have ever come

romance.

across this modest and tender family monu- stood manfully in defence behind the rocky menta story more moving than any ramparts of Gibraltar. No inconsiderable circle, as our readers will perceive, of historical events of the first importance, are embraced within this brief epitome of the family chronicle- the American War and the war in India — the once dreadful names of Hyder Ali and Tippoo Saib - the siege of Gibraltar- the cession of the Cape of Good Hope. We are very glad to have our memory aided, and our general view of the history of the period enlarged, by remembering that in these events, so wide and diverse, the members of one family took active part.

own

Nor is it less pleasant to find, in the lively contemporary record, an animated presentation of matters bearing upon our national history with which we have been acquainted — if, indeed, we knew them at all-only as dry historic facts. As, for example, in Lord Balcarras' manly and admirable speech, delivered in support of a bill for restoring the forfeited Jacobite estates, introduced into the House of Lords in 1784, we have a more direct instance of the surviving force and potency of the feeling of clanship in the Highlands than we were before acquainted with. After relating the eagerness with which the Jacobite exiles holding distinguished rank in the armies of foreign princes accepted inferior commissions in our own, he proceeds to say :

It is impossible, in even a cursory glance at the lives and fortunes of six or seven young brothers, dispersed in all the different quarters of the world, to avoid learning a good deal of public and general history, as well as the experiences of the family and the individual; and the rank and circumstances of the Lindsays make this incidental teaching still more considerable. Earl Balcarras, for instance, fought in the American War, contributed to some of the more important successes of our army there; was a prisoner for some time in New York, and saw the end of our national relationship to that most considerable and important of colonies; while Lady Anne, his elder sister, was one of the diplomatic party which took possession of that other troublesome colony at the Cape on its cession by the Dutch, and seems to have done as thorough good service in the way of conciliating the disaffected Boors, who were not very amiable subjects for conciliation, as her brother did in fighting the Yankees, who were too nearly of our own blood and mettle to be conquered. And Robert, the second brother, lets us into the economies of British India, the government of the "Company," tricks of officials, and wiles of natives; the primitive cultivation of these remote Asiatic rice-fields, the most My Lords, it is here I take up the first primitive circulating medium, the best way name that presents itself on the face of this and means of maintaining authority and bill, which is that of Lord M'Leod, who was friendliness with the wild tribes of the hills a major-general in Sweden, and invested --and his own honorable, persevering, and with the order of merit by his Swedish successful efforts at making a fortune; while majesty. It was no sooner reported that Lord M'Leod was to return to his country, his younger brother John reveals to us a than two thousand five hundred Mackenzies dismal and heart-rending picture, the miser-offered their services, provided his majesty able dungeon at Seringapatam, where he would appoint Lord M'Leod to be their and his brave comrades endured all that colonel. The king was pleased with the savage cruelty, neglect, and persecution, generosity of the offer, and granted their all that physical destitution and suffering request. They were immediately embodied. could do to brave men-how little they Indies; and we had late accounts of the One battalion of them were sent to the East could effect, after all, and how the undispoor shattered remains of that corps, worn courageable hope, the noble patience, and down by repeated campaigns in that noxious stout heart, alike of officers and men, stood climate, with the same ardor and unabated out, against all their horrible and long-zeal storming the lines of Cuddalore. The continued trials, an Eastern captivity of nearly four years-it is pleasant to read after our own late experience of the undiminished spirit of our own brave defenders. At the same time James Lindsay died gallantly in battle at Cuddalore, and Colin

66

other battalion went to Gibraltar under the command of Colonel Mackenzie, brother to Lord M'Leod. I am not going to make a have made it before me; they received the panegyric on that battalion; your lordships thanks of every branch of the Legislature, and when they landed at Portsmouth, were